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<br />192964 01/08/1999 11:17A 8376 P73g DT
<br />1 of 4 R 21.00 D 0.00 N 0.00 Clr Crk Cnly, Co
<br />Deed of Trust
<br />This indenture, made this ~ day of ~ove~ ~~r2r ~~9~ , between the Town of
<br />Georgetown Water and Sewer Activity Enterprise, whose address is P.O. Box 426, Georgetown,
<br />Colorado 80444, hereinafter referred to as GRAtvTOR, and the Public Trustee of the County of Clear
<br />Creek, State of Colorado, hereinafter referred to as Pue~ic TRUSTEE,
<br />Witnesseth, that whereas, G~tvTOR has executed a Promissory Note, which is a part of Contract
<br />No. C153738 (the Contract) for a loan in the principal sum of $190,000 to be repaid to the STATE OF
<br />COLORADO or the use and benefit of the Department of Natural Resources, Water Conservation Board,
<br />whose address is 1313 Sherman Street, Room 721, Denver, Colorado 80203, with interest thereon from
<br />the date of first disbursement of funds under the Contract at the effective interest rate of 5.25% per
<br />annum, payable in 30 annual installments, in accordance with the terms of the Promissory Note, or until
<br />the loan is paid in full.
<br />And whereas, the G~tvTOR is desirous of securing payment of the principal and interest of said
<br />promissory note to the State of Colorado.
<br />Now, therefore, the Gw~,tvTOR, in consideration of the premises and for the purpose aforesaid,
<br />does hereby grant, bargain, sell and convey unto the said PuB~ic TRUSTEE in trust forever, to wit: One
<br />and one-half shares of stock of the Farmers High Line Canal and Reservoir Company, evidenced by
<br />Certificate No. . The shares represent the Grantor's pro rata interest in the water rights shown on
<br />Attachment A, which is incorporated herein, (except priorities 1 and 48 which are wholly owned by the
<br />City of Westminster), that were decreed for irrigation purposes by decrees dated October 4, 1884 and
<br />October 9, 1895, entered by the District Court, Arapahoe County, and by decree dated May 13, 1936,
<br />entered by the District Court, City and counry of Denver, (collectively or hereinafter referred to as the
<br />"Property").
<br />To have and to hold the same, together with all and singular the privileges and appurtenances
<br />thereunto belonging: In Trust nevertheless, that in case of default in the payment of said note, or any part
<br />thereof, or in the payment of the interest thereon, according to the tenor and effect of said note or in the
<br />payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in
<br />case of violation or breach of any of the terms, conditions, covenants or agreements con#ained in the
<br />Contract, the beneficiary hereunder may declare a violation of any of the covenants contained in the
<br />Contract and elect to advertise said Property for sale, and demand such sale by filing a notice of such
<br />election and demand for sale with the PuBUC TRUSTEE. Upon receipt of such notice of election and
<br />demand for sale, the PuBUC TRUSTEE shall cause a copy of the same to be recorded in the recorder's
<br />office of the ~ounty in which said Property is situated, it shall and may be lawful for the PuB~~c TRUSTEE to
<br />sell and dispose of the same (en masse or in separate parcels, as the said PuB~~c TRUSTEE may think
<br />best), and all the right, title and interest of the Gw4NTOR, its successors or assigns therein, at public
<br />auction at such time and at such location as shall be designated in the Pueuc TRUSTEE's Notice of Sale,
<br />for the highest and best price the same will bring in cash, four weeks public notice having been previously
<br />given of the time and place of such sale, advertisement once each week for five consecutive weeks, in
<br />some newspaper of general circulation at that time published in said county, a copy of which notice shall
<br />be mailed within ten days from the date of the first publication thereof to the Gt~ArvTOR at the address
<br />herein given and to such person or persons appearing to have acquired a subsequent record interest in
<br />said Properry at the address given in the recorded instrument; where only the county and state is given as
<br />the address then such notice shall be mailed to the counry seat, and to make and give to the purchaser of
<br />the Propei~ty at such sale, a c~:.~rtificate in writing u~scribing the Property purchaseu, ar~d the su~r~ ~aid
<br />therefor, and the time when tl ~~ purchaser (or other person entitled thereto) shall be entitled to the deed
<br />therefor, unless the same shall be redeemed as is provided by law; and said PuB~ic TRUSTEE shall, upon
<br />Appendix 4(a) to Loan Contract No. C153738
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